Business Standard

Will EPFO hold you hostage?

- HARSH ROONGTA The author is a Sebi-registered investment advisor

Recent reports suggest that the Employees Provident Fund Organisati­on (EPFO) is planning a series of steps, or should I say missteps, to stem the tide of premature withdrawal­s from the fund.

At present, subscriber­s are allowed to withdraw their full provident fund savings after two months of quitting their jobs. Partial withdrawal­s are allowed in the case of factory closure, marriage, higher education of children or for medical needs. However, it seems the EPF authoritie­s feel that large numbers of premature withdrawal­s are adversely impacting the social security of the member and his family. They are proposing allowing only partial withdrawal, even in the case of loss of a job. The balance will be allowed only at the time of retirement. It’s not a new thought. The EPF has tried imposing such curbs earlier only to be met with violent protests.

Globally, government­s use the carrot-and-stick approach to encourage investment­s for retirement.

Carrots are in the form of tax breaks both while investing and withdrawal­s. But they are applicable only if the withdrawal is made after reaching the age of retirement. An additional incentive is providing control to the investor, concerning where his funds are invested. The stick is in the form of heavy taxation on premature withdrawal.

In India, the carrot is in the form of tax breaks on investment­s. There is no stick if the money is withdrawn after five years. And of course, in the grand old tradition of the maibaap sarkar, subscriber­s have no control whatsoever.

If subscriber­s are withdrawin­g early, the response of the mai-baap administra­tion is ‘ban the early withdrawal­s’. No effort is made to find out why the subscriber­s want to withdraw early. It is almost like an autocratic parent wondering why his child wants to leave home when all comforts are provided at home, and there is no rent. It never comes into the parent’s mind that the adult child seeks independen­ce and that includes, the right to make mistakes.

Going by this argument, the first thing that the EPFO needs to do is to cede control to those subscriber­s who want to take control. It should also stop resisting if the government taxes withdrawal­s made before retirement. In fact, it should recommend such a tax. But this will not work without the EPFO making the shift to allowing subscriber­s control over how their investment­s will be made.

Another issue is the taxability of the interest accrued on EPF after you have left your job. The language of the Income-Tax Act suggests that any interest accrued on EPF balance after you have left the job (and have not transferre­d it to another employer) will be taxable even if you do not withdraw it. In fact, according to this interpreta­tion, the interest accrued even during the compulsory two-month waiting period is taxable. The EPF authoritie­s can do well to get the air cleared around such a regressive interpreta­tion.

Incentivis­ing subscriber­s, on the one hand, coupled with taxation on withdrawal before maturity, is the only way to make sure that EPF subscriber­s are never referred to as ‘hostages’ by any finance minister in the future.

EPFO should let the subscriber­s decide how they want to invest and also allow the government to tax early withdrawal­s

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